620.803.  Training program established, purpose, funding — rulemaking authority — bankruptcy, notification required — repayment of benefits, when. — 1.  The department shall establish a "Missouri One Start Program" to assist companies with recruitment services, training of employees in new jobs, and the retraining or upgrading of skills of full-time employees in retained jobs as provided in sections 620.800 to 620.809.  The Missouri one start program shall be funded through appropriations to the funds established under sections 620.806 and 620.809.  The department shall, to the maximum extent practicable, prioritize funding under the Missouri one start program to assist qualified companies in targeted industries.

  2.  The department shall publish guidelines and may promulgate rules and regulations governing the Missouri one start program.  In establishing such guidelines and promulgating such rules and regulations, the department shall consider such factors as the potential number of new jobs to be created or the number of jobs to be retained, the potential number of new minority jobs created, the amount of new capital investment in new or existing facilities and equipment, the significance of state benefits to the qualified company's decision to locate or expand in Missouri, the economic need of the affected community, and the importance of the qualified company to the economic development of the state.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2013, shall be invalid and void.

  3.  The department shall make Missouri one start program applications and guidelines available online.

  4.  The department may contract with other entities for the purposes of advertising, marketing, or promoting the Missouri one start program established in sections 620.800 to 620.809.  Any assistance through the Missouri one start program shall be provided under an agreement.

  5.  Prior to the authorization of any application submitted through the Missouri one start program, the department shall verify the applicant's tax payment status and offset any delinquencies as provided in section 135.815.

  6.  Any qualified company that is awarded benefits under sections 620.800 to 620.809 and who files for bankruptcy under Chapter 7 of the United States Bankruptcy Code, Title 11 U.S.C., as amended, shall immediately notify the department, shall forfeit such benefits, and shall repay the state an amount equal to any state tax credits already redeemed and any withholding taxes already retained.

  7.  The department may require repayment of all benefits awarded, increased by an additional amount that shall provide the state a reasonable rate of return, to any qualified company under sections 620.800 to 620.809 that fails to maintain the new or retained jobs within five years of approval of the benefits or that leaves the state within five years of approval of the benefits.

  8.  The department shall be authorized to contract with other entities, including businesses, industries, other state agencies, and political subdivisions of the state for the purpose of implementing a training project or providing recruitment services under the provisions of sections 620.800 to 620.809.